Turner v. Sony Corp., No. 4:21-cv-02454 (N.D. Cal.)

Chimicles Schwartz Kriner & Donaldson-Smith LLP (“CSK&D”) filed a class action complaint against Sony Corporation of America and Sony Interactive Entertainment (“Sony”) on February 12, 2021. The parties stipulated to voluntarily dismiss Sony Corporation of America as a defendant and transfer the case to the Northern District of California, which the Court entered on April 5, 2021. The complaint brings claims against Sony relating to alleged defects in the DualSense controllers that come with the highly sought-after PlayStation 5 console. The complaint alleges that the joysticks on DualSense controllers are defective, leading users to experience drift issues. Drifting refers to when the joystick on the DualSense controllers automatically registers movement when the joystick is not being controlled by the user. Drifting can interfere significantly with gameplay.

Sony’s terms of use contain an arbitration clause that purports to require users to resolve all disputes in individual arbitration. Plaintiffs in this case, and the proposed class they represent, are individuals who have opted out of Sony’s arbitration clause and thus are not bound to arbitrate their claims.

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Attorneys for this case:

Benjamin F. Johns
Samantha E. Holbrook
Alex M. Kashurba